

b v "" ~ ~- 



EXTRA.CTS 

FROM 


THE ELECTION LA W 

' 

V OF THE 


COMMONWEALTH OF VIRGINIA. 


OFFICE OF SECRETARY OF COMMONWEA7 TH, 

Richlond, 1883 . 

The following extracts from the election law, as amended to date, are published 
for the information of officers engaged in conducting elections and ; certaining and 
certifying their results. They embrace only such provisions of the- law as are 
important to be observed by these officers while so engaged. 

W. C. ELAM, 

Secretary of the Commomoealth. 


General elections; when to be held. 

There shall be held throughout the state, on the fourth Thursday in May, and on 
the first Tuesday after the first Monday in November, in ea h year, general elections 
for all officers required by law to be chosen at such elections respectively. 

The right to vote. 

Every male citizen of the United States, twenty-one years old, who shall have 
been a resident of this state for twelve months, and of the enun'v city, 
which he shall offer to vote, three months next preceding nd w 

be a registered voter in, and a resident of the election d. he . 











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to vote, shall be entitled to vote for members of the general assembly, and all officers 
elected by the people: provided that no officer, soldier, seaman, or marine, of the 
United States army or navy, shall be considered a resident of this state by reason of 
being stationed therein: and provided also that the following persons shall be 
excluded from voting: 

First. Idiots and lunatics. 

Second. Persons convicted of bribery in any election, embezzlement of public 
funds, treason, felony, or petit larceny. 

Third. No person who, while a citizen of this state, has, since the adoption of the 
present constitution of this state, fought a duel with a deadly weapon, sent or accepted 
a challenge to fight a duel with a deadly weapon, either within or beyond the bound¬ 
aries of this state, or knowingly conveyed a challenge, or aided or assisted in any 
manner in fighting a duel, shall be allowed to vote, unless the disabilities incurred 
thereby shall have been removed by the general assembly, by a two-thirds vote. 

Elections; where held. 

In all elections by the people, polls shall be opened in all districts, counties, cor¬ 
porations, and townships, in which officers are to be elected, at each place of voting 
that is now or may be hereafter prescribed by law. 

Judges of elections; how appointed. 

It shall he the duty of the county and corporation courts, annually, at the April 
term thereof, to select and appoint three competent male citizens from each voting 
district in their respective counties or corporations, for each voting place therein, 
who, when so selected and appointed, shall constitute the judges of election for all ^ 

elections to bs held in their respective districts for the period of one year, dating 
from their appointment, and who shall have power to appoint two clerks for each 
place of voting at such election; and whenever it is practicable to do so, the citizens 
so selected and appointed as judges of election shall be chosen for each voting place 
from amongst persons known to belong to different political parties. But no elec¬ 
tion shall be deemed invaljd where the citizens appointed as judges shall not belong 
to different political parties. And should any judge of election fail to attend at any 
place of voting for one hour after the time prescribed by law for opening the polls 
at such election, it shall be lawful for the judge or judges in attendance to select 
from among the bys .anders one or more persons possessing the qualification of judges 
of election, who shfdl act as judge or judges of such election, and who shall have 
all the powers and authority of judges appointed by the proper court. Should all 
the judges appointed for any place of voting fail to attend at the place of voting for 
one hour after the time prescribed by law for opening the polls at such election, it 
shall be the duty of any justice of the peace of the township in which the election 
is held, who shall be applied to for that purpose, or the mayor, if the election is in 
any election district in a town or city, to appoint three judges of election for such 
election district, v/ho shall possess the same qualifications, and have the same powers, 
as judges appointed by the proper court. Should no judges of election be appointed 
for any county, city, or place of voting therein, or if appointed, they neglect or 
refuse to act for one hour after the time prescribed by law for opening the polls at 
such election, it shall be lawful for any three competent freeholders of the district, 
who may be present and willing to ac 1 , upon taking the oath prescribed for judges of 


i 


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<Jki<?L3 

•W/ks 

IS 8-3 

Election, to proceed to hold, conduct, and certify the election in the manner provided 
in this act, and for that purpose shall have all the powers and authority of judges 
appointed by the proper courts: provided, that the judges of the county and corpo¬ 
ration courts, in term or vacation, shall have power to fill vacancies in such appoint¬ 
ments in their respective counties and corporations, whenever necessary to do so. 

[An act approved April 2, 1873, contains the following provisions: “Sec. 10. It 
shall be the duty of the county judges elected under the provisions of this act, in the 
exercise of the duty imposed upon them by the twenty-fourth section of chapter 
seventy-six of Acts of Assembly of eighteen hundred and sixty-nine-seventy, to 
appoint at least one judge of election who can read and write, at each election pre- 
cint in his county, from each political party.”] 

Qualification and oath of judges and clerks of elections. 

No person shall act as a judge or clerk of any election who is a candidate for any 
office to be filled at such election. And before any judge or clerk of election enters 
upon the performance of any of the duties imposed upon him by this act, he shall 
take and subscribe an oath in the following form, to-wit: I, A. B., judge [or clerk] 
of the election [as the case may be], do solemnly swear [or affirm] that I will per¬ 
form the duties of judge [or clerk] of the election [as the case may be] according to 
law and the best of my ability; and that I will studiously endeavor to prevent fraud, 
deceit, and abuse in conducting this election. So help me God. If there is no one 
present authorized to administer oaths, then the judges of election may administer 
to each other and to the clerks the oath above provided. 

Form of poll-books and certificates of judges. 

The following shall be the form of the poll-books to be kept by the judges and 
clerks of election under this act: 

Poll-books of the election held in the county of-, in the township of 

-[city or town], in the year one thousand eight hundred and-. 

A. B., C. I)., and E. F., judges, and G. II. and J. K., clerks of said election, were 
respectfully sworn [or affirmed] as the law directs, previous to their entering on the 
duties of their respective offices. 

Number and names of -electors. 


A. 

B. 


E. 

F. 

.No. 3 

C. 

D . 

.No. 2 

G. 

H. 



It is hereby certified that the number of electors at this election amounts to 


G. H., 


Attest: 


J. K. 


Clerks'. 


A. B.,] 

C. D., \ Judges. 
E. F.,j 



















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Nanes of persons voted for , and for what office; containing the number of votes given 

for each candidate. 


Governor. 

Lieutenant- 

Governor. 

Representatives 
in Congress. 

Representatives in State Leg¬ 
islature. 

Senate. 

House of Del- 
gates. 

A.1 

B.2 

C. 1 

D. 1 

E. 1 

F. 1 

G.1 

H.1 

J.1 

K.1 


We hereby certify that A. had-votes for Governor, and B. had-votes 

for Governor ; that C. had -votes for Lieutenant-Governor, &c. 


G. H.,'| 

[ Clerks. 

J. K.,J 


A. B.,1 

I 

C. D., \ Judges. 

I 

E. F,J 


When polls to be opened and closed. 

At all elections held under this act, the polls shall be opened at each voting place 
at sunrise of the day on which the election is directed to be had, and closed at sun¬ 
set of the same day. 


Ballot-boxes; how procured and kept. 

Township supervisors, and the trustees or councils of cities and towns, shall, at 
the expense of their respective townships and corporations, procure a ballot-box for 
each place of voting in any election district destitute of the same, which box shall 
be provided with a lock and key, and have an opening through the lid of sufficient 
size to admit a single folded ballot, and no more. The said boxes shall be kept by 
the judges of election for the use of their several election districts respectively. 

Polls; hou) opened , and by whom. 

The judges of election, or one of them, immediately before proclamation is made 
of the opening of the polls, shall open the ballot-boxes in the presence of the people 
there assembled, and turn them upside down, so as to empty them of everything that 
is in them, and then lock them, arid the key thereof shall be delivered to one of the 
said judges, and said boxes shall not be open except for the purpose of counting 
the ballots therein, at the close of the polls, and one of the judges shall forthwith 
proclaim that the polls are open. 

































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»» 

Voting; how done; change of residence , £c. 

Every elector shall vote by ballot, and each person offering to vote shall deliver a 
single ballot to one of the judges of election, in the presence of the other two judges. 
The ballot shall be a white paper ticket, and containing on the face or inside of it, 
written or printed, or partly written and partly printed, the names of the persons 
for whom the elector intends to vote, and designating the office to which each per- 
so named is intended by him to be chosen ; but no ballot shall contain a greater 
number of names of persons designated to any office than there are persons to be 
chosen at the election to fill such office, and the names of all persons voted for by an 
elector shall be on one ballot. 

The judge to whom an}’ ballot is delivered, shall, upon receipt thereof, pronounce 
with an audible voice the name of the person from whom the ballot is received; and 
if the name of the person is found on the registration-book, and there being no 
objection made, the said judge shall, without opening said ballot, or permitting the 
same to be exam ned (except to ascertain whether it is a single ballot), deposit the 
same in the ballot-box ; whereupon the name of the elector shall be checked on 
the registration-book by one of the judges, and entered by the clerk of election on 
the poll-books, and correctly numbered in accordance with the number of elec¬ 
tors theretofore recorded: provided when a registered voter has changed his 
place of residence from one voting district to another, if he has a certificate showing 
that he was duly registered in his former district, and that his name has, since his 
removal, been erased from the registration-books of said voting district, it shall be 
sufficient evidence to entitle him to vote in the district in which he resides, and his 
name shall be registered on the registration-book by the registrar, if he be present, 
or by one of the judges of election : provided further, that in cities and towns con¬ 
taining over two thousand inhabitants, the name of such person shall only be entered 
by the registrar the days named in the ninth section of the preceding chapter. 

[The ninth section of chapter seven of the Code, which are the section and chapter 
here referred to, provides that any person entitled to register may do so: 

1st. “ On the second Tuesday in May.” 

2d. “ Ten days previous to the November elections, the registrar shall sit one day.” 

3d. “ In each city or town having more than two thousand inhabitants, the regis¬ 
trar may sit three days previous to any state, city, county, or township election.” 

4th. “ The registrar shall, at any time previous to the regular days of registration, 
register any voter who may apply to him to be registered, and who will be entitled 
to vote at the next succeeding election.”] 

Residence in a ward and removal from one ward to another. 

The common council or board of trustees of each city and town having more than 
five thousand inhabitants, shall appoint for each ward as many voting places or pre¬ 
cincts as they may deem necessary, and shall prescribe and cause to be published the 
boundaries of such voting places or precincts, and no voter shall cast his ballot save 
at the voting place of the precinct wherein he lives: provided, however, that every 
person offering to vote shall have been a resident of the ward in which he offers to 
vote for thirty days next preceding any election at which he offers to vote: provided 
that when any voter removes from one ward to another within thirty days of an 


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election, it shall be lawful for him to vote in the ward from which he removed until 
he has acquired the right to vote in the ward to which he removes: provided that in 
case of the lawful change or rearrangement of wards, it shall be the duty of the reg¬ 
istrar of each ward to transfer at once, and with application,* every voter in the 
ward in which he is placed or thrown by such change or rearrangement of wards, 
and thenceforth such voter shall vote in the ward into which he is so placed or 
thrown, without having resided therein thirty days. 

Challenging votes. 

Any elector may, and it shall be the duty of the judges of election to challenge 
the vote of any person who may be known or suspected not to be a duly qualified 
voter. 

When any person is so challenged, the judges shall explain to him the qualifica¬ 
tions of an elector, and may examine him as to his qualifications, and if the person 
insists that he is qualified, and the challenge is not withdrawn, one of the judges 
shall tender to him the following oath: “ You do solemnly swear [or affirm] that 
you are a citizen of the United States, that you are twenty-one years old, and that 
you have resided in this state for twelve months, and in this county [city or town] 
for three months next preceding this election, and that you are not disqualified from 
voting by the constitution or laws of this state; that your name is [here insert the 
name given], and that in such name you were duly registered as a voter of this elec¬ 
tion district, and that you are now an actual resident of the same, and that you are 
the identical person you represent yourself to be, and that you have not voted in 
this election, at this or any polling place. So help you God.” And if he refuses to 
take such oath, his vote shall be rejected ; if, however, he does take the oath when 
tendered, his vote shall be received: provided that after such oath shall have been 
taken, the judges may, nevertheless, refuse to permit such person to vote, if they be 
satisfied, from record evidence or their own knowledge, or other legal testimony 
adduced before them, that he is not a legal voter; and they are hereby authorized 
to administer the necessary oaths or affirmations to all witnesses brought before 
them to testify to the qualifications of a person offering to vote. Whenever any 
person’s vote shall be received, after having taken the oath prescribed in this sec¬ 
tion, it shall be the duty of the clerks of the election to write on the poll-books at 
the end of such person’s name the word “sworn.” 

How polls closed , and vote canvassed. 

As soon as the polls are finally closed (of which closing proclamation shall be 
made by the judges fifteen minutes previously thereto), the judges shall immediately 
proceed to canvass the vote given at such election, and the said canvass shall be con¬ 
tinued without adjournment until completed, and the result thereof declared. The 
canvass shall commence by taking out of the box the ballots unopened (except so far 
as to ascertain whether each ballot is single), and counting the same to ascertain 
whether the number of ballots corresponds with the number of names on the poll- 
books ; and if two or more separate ballots are found so folded together as to present 
the appearance of a single ballot, they shall be laid aside until the count of the bal¬ 
lots is completed. Then, if upon a comparison of the said count with the number 
of names of electors on the poll books, it appears that the two ballots thus folded 


* It is presumed the legislature meant to say “ without application.” 



together were cast by the same elector, they shall be destroyed. If the ballots in the 
ballot-box are still found to exceed the number of the names on the poll-books, then 
the whole of the ballots shall be replaced in the ballot-box, and after the same shall 
be well shaken, the conductor, or one of the judges of the election, being blind¬ 
folded, shall draw therefrom a sufficient number of ballots to reduce the same to a 
number equal to the number of names of electors on the poll-books. The number of 
ballots thus being made to agree with the number of names on the poll-books, the 
books shall be signed by the judges and attested by the clerks, and the number of 
names thereon shall be set down in words and figures at the foot of the list of elec¬ 
tors on the poll-books, and over the signature of the judges and attestation of the 
clerks, in the manner and form prescribed by the twenty-seventh section of this act 
[the “ twenty-seventh ” is the section that prescribes the form of poll-books, &c.; see 
pages 3 and 4] : provided that whenever the number of ballots is reduced by the 
destruction of fraudulent ballots, below the number of names of electors on the poll- 
books, the cause of such reduction shall be stated at the foot of the list of electors on 
the poll-books, before the signing and attesting the same by the judges and clerks 
respectively. 


Counting and recording the votes. 

After the poll-books are thus signed, the judges shall (in the presence, if desired, 
of not exceeding two friends of each political party represented by the persons voted 
for in such election,) proceed to count and ascertain the number of votes cast for 
each person voted for; and the tickets or ballots shall be distinctly read, and as soon 
as read and canvassed, shall be strung by one of the judges on a string, and the clerks 
shall set down on the poll-books, next after the certificate of the judges at the foot of 
the list of electors as the returns of the election, the name of every person voted for, 
written at full length, the office for which such person received such votes, and the 
number of votes he received ; the number expressed in figures, and also at full 
length in writing, in accordance with the form prescribed in section twenty-seven of 
this act [see form on pages three and four]; which said returns, when so made out, 
shall be signed and attested as provided in said twenty-seventh section of this act: 
provided, that no person other than the judges of the election shall handle the ballots. 

Void ballots. 

If the ballot is found to contain a greater number of names for any one office than 
the number of persons required to fill the said office, the said ballot shall be con¬ 
sidered void as to all the names designated to fill such office, but no further; but no 
ballot shall be void for containing a less number of names than is authorized to be 
inserted therein. 

Returns made. 

After canvassing the votes in the manner aforesaid, the judges, before they ad¬ 
journ, shall put under cover one of the poll-books, seal the same, and direct it to 
the county or corporation court clerk of the county or corporation (as the case may 
be) in which the election is held; and the poll-book thus sealed and directed 
(together with the ballots strung as aforesaid enclosed and sealed) shall be conveyed 
by one of the judges, to be determined by lot if they cannot otherwise agree, to the 
clerk to whom they are directed on the day following the election; and the other 



8 


poll-book shall be deposited with the clerk of the township in which the election is 
held, or if in a town or a city having a corporation court, to the office of the mayor 
of such town or city, there to remain for the use of the persons who may choose to 
inspect the same. The clerk to whom the ballots are delivered as aforesaid shall 
deposit the same in his office without breaking the seal, where they shall be safely 
kept for twelve months; and he shall not allow the same to be inspected unless in 
cases of contested elections, or unless the same become necessary to be used in evi¬ 
dence, and then only on the order of the proper court or officer. If, from any 
cause, the judges of election shall fail to make returns as provided by this section 
within the time limited by the fortieth section of this act for the commissioners to 
meet and open the returns [that is, “on the second day after any election,” Sundays 
excepted], it shall be the duty of the clerk, to whose office such returns ought to 
have been made, to dispatch a special messenger to obtain such returns, who shall be 
subject to the same penalties, and entitled to the same compensation, as a judge of 
election for such service. 

Returns canvassed and results determined. 

It shall be the duty of the county and corporation courts, in the order appointing 
the judges of election for their respective counties and corporations, to designate five 
of the persons so appointed to act as commissioners, three of which said commis¬ 
sioners, when so designated, shall constitute a board (of which the clerk of the court 
so appointing, shall ex-officio be clerk), whose duty it shall be to meet at the clerk’s 
office of the county or corporation for which they are appointed, on the second day 
after any election held therein (Sunday excepted), and proceed to open the several 
returns which shall have been made at that office. And the said commissioners shall 
determine the persons who have received the greatest number of votes in the county 
or corporation for the several offices voted for in such election. Such determination 
shall be reduced to writing, and signed by said commissioners and attested by the 
clerk, and shall be annexed to the abstract of votes given for each officer respectively 
hereinafter provided for in the forty-second section of this act. [The “ forty-second 
section is the third section following from this, headed “ Abstracts; liow certified, 
cf-c.] If, from any cause, the number of commissioners in attendance at the time 
and place for opening returns be less than three, it shall be lawful for the commis¬ 
sioner or commissioners in attendance to select from among the voters of the county 
or corporation (as the case may be) one or more persons having the qualifications of 
judges of election, who shall act as commissioner or commissioners. Should all the 
commissioners appointed for any county or corporation fail to attend at the time and 
place for opening returns, it shall be lawful for any justice of the peace of the 
county or the mayor (if the failure occur in a city or town) to appoint from among 
the voters of the county or corporation (as the case may be) three persons having 
the qualifications of judges of elections, who shall act as commissioners: provided, 
that the judges of the county and corporation courts, in term or vacation, shall have 
power to fill vacancies in such appointments in the respective counties and corpora¬ 
tions whenever necessary to do so. Any person appointed under this section to fill 
a vacancy in the board of commissioners, shall, before entering upon the discharge 
of his duties as commissioner, take an oath, before some one authorized to adminis¬ 
ter oaths, to faithfully discharge his duties as commissioner, and when so sworn 
shall have all the power and authority, and be subject to all the penalties, of a judge 
of election appointed for that purpose by the proper court. The "fact of the appoint- 


* 


mpfit being made, and the oath taken, shall be noted by the clerk at the foot of the 
abstract of votes provided for in the forty-second section of this act. [See third 
section following.] 


A tie vote in case of county officers. 

In all elections for the choice of any officer, unless it is otherwise expressly pro¬ 
vided, the person having the highest number of votes for any office shall be deemed 
to have been elected to such office; and whenever it shall appear that any person 
has received the highest number of votes for any office, he shall receive the certifi¬ 
cate of election : provided, that if any two or more persons have an equal number 
of votes for any county, city, or town or township office, and a higher number than 
any other person, the commissioners aforesaid shall proceed to determine by lot, in 
the presence of the candidates, or their proxies if desired, which of the candidates 
shall be elected. 


Correcting informalities. 

If it shall appear to any board of election commissioners, in determining the per r 
sons who have received the greatest number of votes for the several offices voted for 
in such election, that irregularities or informalities occur in the returns of the 
judges or clerks of election which can be cured by amending or correcting the 
same, it shall be the duty of said board of commissioners immediately to summon 
the said judges and clerks, or such of them as may be requisite, to appear before 
said board, on some day not exceeding five days from the date of the summons, for 
the purpose of amending such returns so that the same may conform to law. The 
summons may be executed by any sheriff, constable, or township collector, or by 
any qualified voter, who shall receive for such service a compensation of fifty cents 
for each person summoned, to be paid by the township in which said judges or clerks 
reside. 

4 

Abstracts; how certified and to whom forwarded. 

As soon as the commissioners aforesaid shall have determined the persons who 
have received the highest number of votes for any office, the clerk shall make out 
abstracts of the votes in the following manner: First. The abstract of votes for 
governor and lieutenant-governor, on one sheet. Second. The abstract of votes for 
attorney-general, on one sheet. Third. The abstract of votes for member or mem¬ 
bers of the senate and house of delegates, on one sheet. Fourth. The abstract of 
the votes for a representative in congress, on one sheet. Fifth. The abstract of 
votes for electors of president and vice-president of the United States, on one sheet. 
Sixth. The abstract of votes for county officers, on one sheet. Seventh. The ab¬ 
stract of votes for township officers, on one sheet. Eighth. The abstract of votes 
for corporation officers, on one sheet. Which abstracts, being certified and signed 
by said commissioners and attested by the clerk, shall be deposited in the office of 
the latter; and certified copies of abstracts, numbered one, two, three, four, and five 
(when said officers have been voted for at said elections), under the official seal of 
said clerk, shall be placed in separate envelopes, endorsed and directed to the secre¬ 
tary of the commonwealth, and forwarded immediately to the seat of government by 
mail; and the said clerk shall respectively endorse on the back of the envelope, ip 


10 


which the said certified copies are enclosed, “ Copy of the abstract of votes cast for 
governor, &c., members of the general assembly [as the case may be], cast at the 

general election in-county [or corporation], in-, eighteen 

hundred- 


Certificates of election. 

The clerk shall immediately make out, in pursuance of the determination of the 
commissioners, a certificate of election for each of the persons having the highest 
number of votes for any county, corporation, or township office, or, in case of a tie, 
who have been decided elected by lot, and deliver the same to the person elected, 
upon his making application therefor. 

When clerk absent; who to perform his duties. 

Whenever it shall so happen that the clerk shall die, be absent, or from any other 
casualty be prevented from opening the returns of votes at any election, it shall be 
lawful for his deputy, or such other person as may for the time being be discharging 
the duties of clerk, to discharge the duties required of such clerk by law. 

Compensation of fudges and clerks. 

The judges and clerks of any election held under this chapter shall receive as com¬ 
pensation for their services the sum of one dollar each, and the judge carrying the 
returns from his precinct to the count}’ clerk’s office shall receive for such services 
the sum of one dollar ; said compensation to be paid out of the county treasury. 

Order ; how preserved at elections. 

Any constable of a township in which an election is held, who may be designated 
by the judges of election, is directed to attend at the place of election, and he is 
authorized to preserve order and peace at and about the same; and if no constable 
be in attendance, the judges of the election may appoint one or more persons spe¬ 
cially, by writing, and he or they shall have all the powers of a regular constable. 

Disturbance of election ; how prevented. 

If any person conducts himself in a noisy, riotous or tumultuous manner, at or 
about the polls, so as to disturb the election, or insults or abuses the judges or the 
clerks of election, the constable, or any other person authorized to make arrests, may 
forthwith arrest him and bring him before the judges of election, and they, by a 
warrant under their hands, may commit him to the jail of the county or corpora¬ 
tion for a term not exceeding twenty-four hours ; but they shall permit him to vote 
if he be so entitled. 

Penalty for failure to attend election when appointed judge, §c. 

Any judge, clerk, or commissioner of election, who shall fail to attend at the time 
and place appointed for such election, or shall fail to perform any of the duties 
imposed on him by law, without good and sufficient reason, shall forfeit not less than 
ten dollars nor more than one hundred dollars. 





11 


Violation of election law; hoio punished. 

If any officer, messenger, or other person on whom any duty is enjoined by law, 
relative to general or special elections, under this act, shall be guilty of any wilful 
neglect of such duty, or of any corrupt conduct in the execution of the same, he 
shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be 
punished by fine not exceeding five hundred dollars, and by imprisonment not 
exceeding one year; and if any officer shall be convicted as aforesaid, he shall 
immediately be removed from office. 

[Other offences and penalties are set forth in the law, but as they come under the 
jurisdiction of the courts, and do not impose any special duty on the officers of elec¬ 
tions, it has not been thought necessary to include them in this publication.] 



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